It has been 13 years since Kenyans gave themselves a new constitution during which time there have been some setbacks and many gains in its implementation.
What is at stake is one of the most unique contributions to global jurisprudence in recent times: a basic structure doctrine that is not substantive but...
By now, it is evident that the battle lines have been drawn, and the points of conflict are beginning to appear in a clearer fashion.
At its heart, the BBI Judgment is about power, and the judges in the majority believe that the constitution acts as a barrier against the concentration...
On May 14th the Kenyan High Court declared the Constitutional Amendment Bill 2021 unconstitutional. The proponent moved to the Court of Appeal who affirmed the decision...
It is now 11 years since we voted in the current Constitution. Its implementation has been a case of hits and misses. Now a new wind...
The Court of Appeal on Friday, August 20 ruled that President Uhuru Kenyatta’s attempt to change the Constitution through the BBI process was unconstitutional. Constitutional lawyer...
The IEBC is a Fourth Branch institution that – as the name suggests – is responsible for supervising elections and referenda, and for related matters such...
On 20 August 2021, a seven-judge bench of the Kenyan Court of Appeal delivered judgment in a set of consolidated cases known as the “BBI Appeals”....
The process of popular initiative must be guarded from abuse. A State actor, who is otherwise barred from initiating a popular initiative, cannot originate a proposal...
Kenya’s historic May 13, 2021 High Court decision to declare the Building Bridges Initiative unconstitutional was widely hailed as a testament to the strength and independence...
Kenya’s constitutional history did not develop in a vacuum. To understand the recent limitations placed on the powers of the executive by the 2010 constitution, the...